Posts Tagged ‘schools’

Failure of urban school-finance litigation

For two decades and more, civil rights groups have been filing lawsuits claiming that the supposed underfunding of urban schools is unconstitutional. How successful have these suits been, even on their own terms? “In one of the most notable such cases, decided in 1984, a federal judge in Missouri ordered a doubling of Kansas City’s property tax, an income tax surcharge and extra state contributions to finance $2 billion in spending on Kansas City’s schools. What followed was a decade of lavish excess — new schools boasting television and animation studios, a planetarium, a model United Nations with simultaneous translation capability, even a zoo, a Cato Institute study found. By 1991 Kansas City was shelling out $9,412 per student, compared with $2,854 to $5,956 in the suburbs. Despite this flood of dollars, white enrollment dropped from 27% to 20%, and the test scores of black students in Kansas City didn’t improve.

“State courts have gotten into the act, too. So far, courts in 19 states have found violations of state constitutions in the way schools are funded, according to the Education Commission of the States. Some of these rulings are pretty creative. In June New York’s highest court ruled that the state is violating a constitutional requirement to provide ‘a system of free common schools’ to New York City students, despite the fact that $10,795 per student was spent in the city’s schools in 2000-01. That was slightly lower than the New York state average of $10,922, but greater than the average spent in any other state.

“Rather than wait for independent plaintiffs, school districts themselves now sometimes bring these suits as a revenue grab.” (Ira Carnahan, “Desegregation’s Broken Promises”, Forbes, Nov. 10) See Paul Ciotti, “Money And School Performance: Lessons from the Kansas City Desegregation Experiment”, Cato Policy Analysis, Mar. 16, 1998.

Another diversity triumph

Wheaton College, a 143-year-old evangelical institution in the Chicago suburbs that may be best known as the alma mater of the Rev. Billy Graham, has “lifted a longtime ban on drinking and smoking in private for faculty. [College president Duane] Litfin said a key factor in that change, along with [the dropping of a former rule against dancing], was the 1991 Illinois Right to Privacy in the Workplace Act, which some feared left the college vulnerable to a lawsuit. The law prohibits discrimination against employees who drink or smoke off the job unless there is a strong religious belief against the practice.” The college said it wasn’t sure its policy would stand up in court given the lack of a specific passage in the Bible proscribing alcohol use. (Meg McSherry Breslin, “It’ll be dancing by the Book”, Chicago Tribune , Oct. 24)(via Vice Squad, a new site devoted to “public policy concerning alcohol, nicotine, other drugs, proxtitution, gambling, porbography”, Oct. 24). Vice Squad in turn points to an Apr. 6 Crescat Sententia commentary in which Will Baude doubts that the college would actually have lost such a suit.

Fear of litigious diploma mills, cont’d

“Under pressure from administrators at the University of Illinois at Urbana-Champaign, [tenured physics professor George Gollin] has shut down a Web site he created to make information available about the unaccredited distance-learning institutions often referred to as ‘diploma mills.'” (Andrea L. Foster, “U. of Illinois Administrators Ask Professor to Remove Web Site About Diploma Mills”, Chronicle of Higher Education, Oct. 13; “Cracking Down on Diploma Mills”, CBS News, Jul. 25). Some of the alleged diploma mills cited by Gollin had threatened to sue the university, and Eugene Volokh (Oct. 25) finds it a fair inference that fear of litigation contributed to university administrators’ wish to be rid of the site. However, the state of Oregon accreditation office soon agreed to put up Prof. Gollin’s material on its own site (Office of Degree Authorization). On earlier suits and threatened suits by these enterprises, see our Apr. 28-20, 2000 entry.

“Court Warns of Campus ‘Police State'”

An Orange County public school teacher was eventually convicted of having an affair with a 13-year-old student. The parents sued the school district for failing to detect the molestation and won a $640,000 award. The school district protested that the affair was kept secret by both parties, and they had no way to prevent it. The California Court of Appeals reversed on the grounds that the consequences of a decision of liability would force the school district to take counterproductive behavior. “According to the court’s opinion: ‘Under our facts here, a policy of prevention of this sort of harm would require turning the culture at every high school in the district into a virtual police state.'” (David Reyes, L.A. Times, Oct. 25; Bob Egelko, “Court overturns damages for parents of abused pupil”, San Francisco Chronicle, Oct. 24; Stephen F. v. Anaheim Union School Dist.). (via Bashman)

Annals of zero tolerance: sharing asthma inhaler

Texas: “A teenager was disciplined for sharing medication used to treat asthma, but he said it saved his girlfriend’s life, News2Houston reported Wednesday. Andra Ferguson and her boyfriend, Brandon Kivi, both 15, use the same type of asthma medicine, Albuterol Inhalation Aerosol. … But the school nurse said it was a violation of the district’s no-tolerance drug policy, and reported Kivi to the campus police. The next day, he was arrested and accused of delivering a dangerous drug. Kivi was also suspended from school for three days. He could face expulsion and sent to juvenile detention on juvenile drug charges.” (“Teenager In Trouble In Inhaler Incident”, Yahoo/KPRC, Oct. 8)(via WSJ “Best of the Web“)(see Apr. 8-9, 2002). More: Alan Brain gets the principal’s side of the story including some updates (student said not to have been expelled, police will not press charges) (Oct. 13). But see Click2Houston, Oct. 10 (student expelled until after Christmas, but has chosen to homeschool instead of returning).

“High school coaches file suit against irate parent”

Virginia: “Three high school girls’ basketball coaches filed a defamation lawsuit against the parent of a player who tried to get them removed by questioning their coaching tactics and alleging physical abuse. The suit was filed by Rockbridge County High School girls’ basketball coach Mike Hamilton and two assistants against Roger Koehler of Lexington, the father of a junior who has played on the varsity team for two seasons.” (AP/Fredericksburg Free Lance-Star, Aug. 8; Robert Anderson, “Coaches turn tables on parent by suing him for $4 million”, Roanoke Times, Aug. 8).

New EMF suit challenges Wi-Fi in schools

Though previous scares over electromagnetic fields in overhead power lines and cellular phones have pretty much petered out, fear springs eternal and now is taking as its subject “Wi-Fi” computer-access technology: “Parents in Oak Park, Illinois, have launched a class action lawsuit against their local school board for allegedly threatening the health of children by installing wireless local area network technology in classrooms.” (Tim Richardson, “US parents sue over WLAN school fears”, The Register (UK), Oct. 8; Wi-Fi Networking News, Oct. 6 (check out the comments); complaint courtesy Wi-Fi Networking News (PDF)) (& welcome Virginia Postrel, MemeFirst, RangelMD readers). More: an update from Virginia Postrel (Oct. 10)

U.K.: defending assumption of risk

There’s been much attention (and deservedly so) to the recent ruling of the Appellate Committee of the House of Lords in Tomlinson v. Congleton Borough Council (see Aug. 11), which vigorously and eloquently defended the principle of assumption of risk as a bulwark of “the liberty of the citizen” which helps prevent the imposition of “a grey and dull safety regime on everyone.” See, for example, Scott Norvell, “‘The Protection of the Foolhardy or Reckless Few’?”, TechCentralStation.com, Oct. 2. Now, in a case that arose on the Isle of Wight, “A judge has stripped a schoolboy of a ?4,250 damages award after his school argued that it would be ‘madness’ to compensate him for breaking his arm after falling off a swing as he played Superman during a sports day at Chillerton country primary school near Newport. … [O]verturning the ruling that the school was negligent, Mr Justice Gross said at London’s high court that if ‘word got out’ the boy had won his case ‘the probability is sports days and other pleasurable sporting events will simply not take place … Such events could easily become uninsurable, or at prohibitive cost.'” (Clare Dyer, The Guardian, Sept. 25; Chris Boffey, “Judge’s ruling ‘saves school sports days'”, Daily Telegraph, Sept. 25). See also articles by barrister Jon Holbrook in Spiked Online: “‘Duties of care’ to the careless and criminal” (Tony Martin case, etc.), Jul. 29; “The trouble with Making Amends” (medical malpractice law), Aug. 22; “Blind spot” (road accident caused by pedestrian), Sept. 23.

But there was no rule against it

“Let’s say a 13-year-old girl admits she performed oral sex on a 13-year-old boy, while returning from a field trip on the school bus. In front of classmates who she was trying to impress. What do you do, Mom? Naturally, you go to court to claim suspension is unjust for the lovebirds because the school is ‘not clear in its written policies that oral sex on a bus was unacceptable behavior.’ Where does it say: ‘No oral sex on the bus,” huh?” (Joanne Jacobs, Sept. 16) A Pennsylvania judge dismissed the mother’s lawsuit (Bob Bauder, “Pupil’s expulsion appeal denied”, Beaver County (Pa.) Times, Sept. 3). Kimberly Swygert comments: “Um, mom? Fighting your child’s expulsion on these grounds is not what you should be concentrating on right now.” (Sept. 16)